Vacated and remanded by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

Jeffrey Whitlow appeals the district court’s order dismissing his 28 U.S.C. § 2241 (2012) petition for failure to state a claim upon which relief can be granted. Because Whitlow is in custody pursuant to a sentence imposed by the Superior Court of the District of Columbia, the district court may not entertain Whitlow’s § 2241 petition if he has failed to exhaust the remedy provided by D.C.Code § 23-110 (Supp. 2014) or has been denied § 23-110 relief by the Superior court, unless it appears that a § 23-110 motion would be inadequate or ineffective to test the legality of his detention. D.C.Code § 23-110(a), (g); Swain v. Pressley, 430 U.S. 372, 377-78, 97 S.Ct. 1224, 51 L.Ed.2d 411 (1977). Whitlow has not alleged, and nothing in the record indicates, that he has filed a § 23-110 motion with the Superior Court, and Whitlow has not asserted that § 23-110 would be inadequate or ineffective. Therefore, the district court lacked jurisdiction to entertain Whitlow’s § 2241 petition.

Accordingly, we grant Whitlow leave to proceed in forma pauperis, vacate the district court’s order, and remand. On remand the district court should dismiss Whitlow’s § 2241 petition for lack of jurisdiction unless Whitlow demonstrates that he has met the requirements of § 23-110 allowing a federal court to entertain his § 2241 petition. * We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this Court and argument would not aid the decisional process.

VACATED AND REMANDED.